Tag Archives: Oglala Sioux Tribe v. Van Hunnik

Oglala Sioux Tribe v. Fleming Cert Petition

Here: cert petition Questions presented: 1. Whether the Eighth Circuit erred in holding, in conflict with decisions of this Court and three other courts of appeals, that the possibility of filing a separate mandamus action was in and of itself … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research, Supreme Court | Tagged , , , , ,

Eighth Circuit Asks Defendants for Response to En Banc Petition

Here is the order: JUDGE ORDER:A petition for rehearing has been filed by the appellees in the above cases. The court requests a response to the petition. The response is limited to 3900 words and must contain a word count … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , , ,

Oglala Sioux Tribe Files En Banc Petition in South Dakota ICWA Case

Here is the petition in Oglala Sioux Tribe v. Vargo (AKA Oglala Sioux Tribe v. Fleming, and FKA Oglala Sioux Tribe v. Van Hunnik): En Banc Petition Panel decision here. Briefs here.  

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , , ,

Stephen Pevar: “In South Dakota, Officials Defied a Federal Judge and Took Indian Kids Away From Their Parents in Rigged Proceedings”

Here, from ACLU’s Speak Freely blog.

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , ,

Remedies Brief Filed in Oglala Sioux Tribe v. Fleming (Van Hunnik)

After winning a partial summary judgment (twice, if you count the motions for reconsideration), the plaintiffs in the federal class action ICWA/Due Process lawsuit have filed their brief requesting remedies. Remedy Brief The four Defendants in this action are largely … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , | 1 Comment

Judge Agrees to Sanctions in Oglala Sioux v. Van Hunnik

Materials in re Oglala Sioux Tribe et. al. v. Van Hunnik et. al. (D. S.D.): Doc 114 – Plaintiffs’ Motion For Sanctions Doc 237 – Plaintiffs’ Stipulation to Dismiss Motion for Sanctions Doc 238 – Order Granting Relief Link to previous … Continue reading

Posted in Author: Sarah Donnelly, ICWA, judges, Research | Tagged ,

Motions for Reconsideration in Oglala Sioux v. Van Hunnik Denied

After losing a partial summary judgment in March, the state defendants filed motions to reconsider. Those have now been denied. The order is here. The DSS Defendants miss the point of the court’s findings. The issue is not what the Indian … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , | 1 Comment

Stephen Pevar Speaking on Oglala Sioux v. Van Hunnik at the Michigan SCAO Training on MIFPA/ICWA

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Principal Defendant in South Dakota ICWA Suit is Replaced as Seventh Circuit Chief Judge

Here.

Posted in Author: Matthew L.M. Fletcher, ICWA, News | Tagged ,

Response to Motions to Reconsider in Oglala Sioux v. Van Hunnik

Here. Motions to reconsider here.

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , | 1 Comment